The battle by NetOne to part ways with former CEO Lazarus Muchenje and Mr Muchenje’s determination to stay on has been referred to the Labour Court.
Justice Esther Muremba said the High Court had no jurisdiction, as a court of first instance in labour issues and these should first be dealt with by the Labour Court.
The High Court has heard applications for interim interdicts, but Mr Muchenje is now dealing with the substantive legal issues of whether NetOne can fire him on three months notice, hence the ruling.
Mr Muchenje was fired twice last year by NetOne acting chairperson Susan Mutangadura.
NetOne under Ms Mutangadura suspended Mr Muchenje in February last year, so he approached the High Court challenging the process NetOne had followed, and he was granted an interim interdict.
NetOne then reinstated him in July 2020, only to dismiss him the next day, but this time not claiming they had cause and instead giving him three months notice for a no-fault parting.
Mr Muchenje challenged this termination in the High Court and won another interim order against NetOne.
In his recent application, which he filed on December 23 last year, Mr Muchenje challenged his dismissal, saying the letter of termination given to him was illegal.
He also argues that there is a court order barring NetOne from giving effect to a similar letter which seeks to terminate his contract on notice. The Herald